NUTRAMENT HOLIDAY
’24: FUEL THE FUN! Sweepstakes
OFFICIAL RULES
NO
PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ONLY
OPEN TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS STATES OF THE UNITED STATES AND
THE DISTRICT OF COLUMBIA, AND THE PROVINCE OF ONTARIO, CANADA, 18 YEARS OR
OLDER**. VOID IN PUERTO RICO, ALASKA, HAWAII, ALL OTHER PROVINCES/TERRITORIES
OF CANADA AND WHERE PROHIBITED.
THIS
PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED
WITH FACEBOOK, INSTAGRAM OR X (FORMERLY TWITTER).
**IF YOU ARE A MINOR IN YOUR JURISDICTION OF RESIDENCE, BE SURE TO GET PERMISSION
FROM YOUR PARENT OR LEGAL GUARDIAN BEFORE ENTERING THE PROMOTION. (IN ALL
CASES, AS USED HEREIN, WHERE AN ENTRANT IS A MINOR, THE TERM “ENTRANT” OR
“WINNER” REFERS TO THE ENTRANT/WINNER AND THEIR PARENT/LEGAL GUARDIAN ACTING ON
THEIR BEHALF.)
The Nutrament HOLIDAY ’24: FUEL THE FUN! Sweepstakes (the “Promotion”) is void outside of the 48 contiguous states of the United States, the District of Columbia, the Province of Ontario, Canada and where prohibited.
The
Promotion begins November 11, 2024 at approximately 10:00:00
a.m. Eastern Time (ET) and ends December 8, 2024 at 11:59:59 p.m. ET (“Promotion
Period”).
Administrator’s computer is the official time-keeping device for the Promotion.
1. SPONSOR/ADMINISTRATOR: Promotion sponsored by Harvest Hill Beverage Company, 1 High Ridge Park, Stamford, CT 06905 (“Sponsor”). Promotion administered by Berlin Productions, Inc., Yorktown Heights, NY 10598 (“Administrator”); Administrator is the independent judging agency for the Promotion.
2. ELIGIBILITY. Promotion is open
to all legal residents of the 48 contiguous states of the United States and the
District of Columbia, and the Province of Ontario, Canada who are at least
eighteen (18) years of age at the time of entry.
Employees, officers and directors of Sponsor, Administrator, and each of their
respective parents, affiliates, subsidiaries, representatives, consultants,
contractors, legal counsel, advertising, public relations, promotion and
fulfillment agencies, web site providers, web masters, as well as the immediate
family (defined as parents, spouse, children, siblings, regardless of where
they live) and same household members (whether related or not) of each such
employee, officer and director are not eligible to enter or win. Participation constitutes
entrant’s full and unconditional agreement to these Official Rules and to
Sponsor’s and Administrator's decisions, which are final and binding in all
matters related to the Promotion. Winning prize(s) is contingent upon
fulfilling all requirements set forth herein.
An entrant is not
a winner of any prize unless and until entrant’s eligibility has been verified
and entrant has fully complied with these Official Rules and has been notified by
Administrator to such effect.
3. HOW TO ENTER. During the Promotion Period, there are three (3) ways to enter the Promotion.
a.
Facebook: On the official Nutrament Facebook page (https://www.facebook.com/nutrament/), @nutrament, locate a HOLIDAY ’24: FUEL THE FUN! Promotion
post during the Promotion Period, beginning on November 11, 2024. Comment on a
Promotion post including the hashtag #NutramentHolidayPromotion
to receive one entry into the Promotion. Your comment must not exceed any
content limitations imposed by Facebook.‡ Entry will require you to have a
Facebook account. If you do not have a Facebook account, sign-up is free at https://www.facebook.com.
b.
X (formerly Twitter): Access the
official Nutrament X account (https://X.com/nutrament), @nutrament, and locate a
HOLIDAY ’24: FUEL THE FUN! Promotion tweet beginning on November
11, 2024. Follow @nutrament (if you have
not done so already) and comment on the tweet or retweet including the hashtag
#NutramentHolidayPromotion to receive one entry into the Promotion. Your
comment, including hashtag, must adhere to X’s 280 character limit.‡ Entry will
require you to have an X (Twitter) account. If you do not have an X account, sign-up
is free at https://X.com/signup.
c.
Instagram: Access the official Nutrament
Instagram account (https://www.instagram.com/nutrament), @nutrament, and locate
a HOLIDAY ’24: FUEL THE FUN! Promotion post beginning on November
11, 2024. Follow @nutrament (if you have
not done so already) and comment on a Promotion post including the hashtag
#NutramentHolidayPromotion to receive one entry into the Promotion. Your
comment must not exceed any content limitations imposed by Instagram.‡ Entry
will require you to have an Instagram account. If you do not have an Instagram
account, sign-up is free at https://www.instagram.com. Participation
via Instagram requires a compatible device.
Except
for entry via tweeting or retweeting a Nutrament HOLIDAY ’24: FUEL THE
FUN! Promotion tweet (as Rule 3b above) with an original
comment, using any of the above methods from your public account in response to
a Nutrament HOLIDAY ’24: FUEL THE FUN! Promotion post on one of
the above-mentioned social media platforms will result in one entry into the
Promotion, subject to the terms of these Official Rules. For the avoidance of
doubt, you may enter on X (Twitter) by retweeting the Nutrament HOLIDAY ’24:
FUEL THE FUN! Promotion post with a comment on the post, OR by posting
a tweet with a comment to the post. A retweet cannot
modify the content of the Nutrament HOLIDAY ’24: FUEL THE FUN! Promotion
tweet and may only supplement such content to the extent that it includes an
original comment.
‡If comment is made elsewhere on
Facebook, X (Twitter) or Instagram (e.g., on one’s personal timeline on
Facebook), it will not result in Promotion entry even if it is otherwise in
full compliance with these Official Rules. A re-tweet made on one’s public X
(Twitter) account will result in Promotion entry if it is
otherwise in full compliance with the Official Rules.
**Re-posting another person’s
comment will not result in entry in the Promotion, even if the comment/retweet
includes the prescribed hashtag and content relevant to the Promotion (e.g., in
response to the Nutrament HOLIDAY ’24: FUEL THE FUN! Promotion
post) as well as being otherwise in compliance with these Official Rules.
If entering using a mobile device, entry
may require data usage and incur data usage charges. Such charges may apply
regardless of whether you are successful in posting your comment (including photo
or video, as applicable) or retweeting the Nutrament HOLIDAY ‘24: FUEL
THE FUN! Promotion post. Check your mobile plan for rates/details.
Wireless access may not be available in all areas.
Sponsor and Administrator are not
responsible for late, lost, garbled/undecipherable, inaccessible, blocked, corrupted,
misdirected, incomplete or invalid entries, which will be disqualified. In the
event of a dispute as to the identity of an entrant, the authorized account
holder of the e-mail address associated with the Facebook, X (Twitter) or Instagram
account/handle used to enter the Promotion (as applicable) will be deemed to be
the entrant.
Posted comments, which may or may
not include a photo or video, must not:
If Sponsor/Administrator determines
in their sole discretion that a comment (including any photo or video) or
retweet is in violation of any of the foregoing requirements or these Official
Rules, the comment (including any photo or video)/retweet will be void and will
not result in Promotion entry.
Repeated comments or retweets in
violation of the foregoing requirements may result in disqualification of
entrant.
Subject
only to those rights retained by Meta Platforms, Inc. or X Corp. (as
applicable), entrant grants to Sponsor and its designees the
non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable,
sub-licensable right and license to use, perform, exhibit, edit, distribute,
display, reproduce and/or otherwise exploit the comment (including any photo or
video) in any manner and in any and all distribution channels, venues or media
now known or hereafter devised, without further notice or any compensation to
entrant.
COMMENTS/POSTS
REPRESENT
SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DO NOT REFLECT THE
VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR DISCLAIMS ANY AND ALL
LIABILITY IN CONJUNCTION WITH SAME.
Sponsor may acknowledge
receipt of comments/retweets/posts for entry, including by
commenting upon or re-posting them.
Should Sponsor choose to do so, any such acknowledgment merely indicates
that the comment/retweet/entry has been received and is not
otherwise binding upon Sponsor. Without limiting the foregoing, any such
acknowledgment does not constitute any representation as to eligibility of
entry or notification of selection as a potential prize winner in the
Promotion.
There will be two (2) Promotion
posts during each Entry Period on each social media platform (Facebook,
Instagram and X (Twitter)), for a total of eight (8) Promotion posts per platform
during the Promotion Period. Limit one (1) entry per person/account holder per Promotion
post by entry method (i.e. Facebook, Instagram or X (Twitter)), a total of six (6)
entries per Entry Period, or twenty-four (24) entries for the Promotion Period.
If more than one (1) entry is received per Promotion post (per platform) per
person/account holder, account holder may be disqualified. Use of any automated
program or like means to violate the entry conditions (including the entry
limit) will void all that entrant's entries and that entrant will be
disqualified from the Promotion.
Posting a comment (possibly
including photo or video) on Instagram, Facebook or X (Twitter) or retweeting, with
comment, a Nutrament HOLIDAY ’24:
FUEL THE FUN! Promotion post, using the designated hashtag as set
forth above, are the only means of
participating in the Promotion.
4. SELECTION OF WINNERS
Weekly Winners
Two (2) winners
will be selected in each of four (4) weekly random drawings (each a “Weekly
Drawing”) from among all eligible entries combined from all methods of entry
received during each weekly entry period (“Weekly Entry Period”). Weekly Entry Periods
are indicated below:
·
Entry Period 1: November 11, 2024 at approximately 10:00 a.m.
ET thru November 17, 2024 at 11:59:59 p.m. ET
·
Entry Period 2: November 18, 2024 at approximately 10:00 a.m.
ET thru November 24, 2024 at 11:59:59 p.m. ET
·
Entry Period 3: November 25, 2024 at approximately 10:00 a.m.
ET thru December 1, 2024 at 11:59:59 p.m. ET
·
Entry Period 4: December 2, 2024 at approximately 10:00 a.m.
ET thru December 8, 2024 at 11:59:59 p.m. ET
For the avoidance of doubt,
non-winning entries from a Weekly Drawing will not be retained for inclusion in
subsequent Weekly Drawing(s).
Grand Prize Winner
One (1)
Grand Prize winner will be selected in a random drawing from among all verified
Prize Winners from the Weekly Drawings, a total of eight (8) Weekly Prize Winners.
Each
Weekly Drawing will take place on or about the Monday of each (calendar) week
immediately following the end of each Entry Period. The Grand Prize drawing
will take place on or about December 11, 2024, but is dependent upon
verification of prize winners for Weekly Drawings.
All random
drawings will be conducted by the Administrator at Administrator’s offices
in Yorktown Heights, New York USA.
For
each Weekly Drawing, as well as the Grand Prize drawing, provided that
the content of the comment (which may or may not include a photo or video) is
in compliance with these Official Rules (including Rule 3, “How To Enter”) and
relates to the applicable HOLIDAY
‘24: FUEL THE FUN! Promotion post, the entrant’s
answer to the Promotion post will NOT be taken into account in the winner
selection process. For the sake of clarity, an
entrant’s answer to a question posed by a Promotion post will have no bearing
on its selection as a potential winning entry. Additionally, only the entrants
who submitted an entry which was selected and thereafter verified as a Weekly Prize Winner will be
included in the Grand Prize drawing.
All potential winners will be
notified by direct message (i.e., private message) on Facebook, X (Twitter) or
Instagram, according to entrant’s method of entry. IT IS THE ENTRANT’S SOLE RESPONSIBILITY TO
ASSURE THAT HIS/HER PRIVACY SETTINGS ARE CONFIGURED SO AS TO ACCEPT DIRECT
MESSAGES FROM SPONSOR (@Nutrament). TO THIS END, YOU MUST FOLLOW THE OFFICIAL
NUTRAMENT PAGES/ACCOUNTS ON FACEBOOK, X (TWITTER) AND/OR INSTAGRAM IN CASE YOU
ARE SELECTED AS A POTENTIAL WINNER.
IMPORTANT NOTE: POTENTIAL WINNERS
WILL ONLY BE NOTIFIED VIA DIRECT MESSAGE ON FACEBOOK, INSTAGRAM OR
X BY THE OFFICIAL NUTRAMENT PAGE OR PROFILE, ACCORDING TO THE PLATFORM FROM
WHICH THE POTENTIAL WINNING ENTRY WAS SELECTED IN THE RANDOM DRAWING. POTENTIAL
WINNERS WILL BE INSTRUCTED TO CONFIRM RECEIPT OF DIRECT MESSAGE NOTIFICATION
VIA EMAIL TO ADMINISTRATOR AS PROVIDED WITHIN DIRECT MESSAGE NOTIFICATION.
PLEASE BE AWARE OF IMPOSTER PAGES FALSELY ADVISING ENTRANTS OF THEIR SELECTION
AS WINNERS VIA COMMENTS ON SOCIAL MEDIA PAGES.
THE WINNER NOTIFICATION DIRECT
MESSAGE WILL NOT ASK FOR YOUR CREDIT CARD INFORMATION OR FOR YOU TO MAKE ANY
PAYMENT (VIA GIFT CARD OR OTHERWISE) IN CONJUNCTION WITH YOUR SELECTION AS A
POTENTIAL WINNER. IF YOU RECEIVE A
NOTIFICATION WITH ANY SUCH REQUEST, IT IS NOT LEGITIMATE AND
CONSTITUTES AN ACT OF FRAUD. DO NOT
RESPOND TO ANY SUCH REQUEST. PLEASE
ADVISE SPONSOR OF ANY SUCH FRAUDULENT ACTIVITY @NUTRAMENT AS WELL AS ALERTING
THE APPROPRIATE AUTHORITIES.
Potential Prize winner’s response to notification is
required within forty-eight (48) hours from the time of first notification
(i.e., transmission of direct message). Such time will be kept by Administrator. Response must include additional contact information as
requested (e.g., name, full mailing address and e-mail address) for prize
acceptance and fulfillment. In addition, potential Prize winners will be
required to attest to full compliance with these Official Rules.
AN
ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS
BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Grand Prize winner may be required
to sign an Affidavit of Eligibility/Prize Acceptance form.
Noncompliance within the time period
specified or return of prize notification as undeliverable or other failure to
complete prize claim procedure for any prize may result in disqualification
without further notice and an alternate potential winner being selected from
among all remaining eligible entries received for the applicable drawing. (Without
in any way limiting the foregoing, if a Weekly Prize winner is disqualified,
his/her entry will not be included in the Grand Prize drawing.)
Odds of winning a Weekly Prize will depend upon the total number of
eligible entries received during the corresponding Entry Period. Odds of a verified
Weekly Prize winner winning the Grand Prize are approximately 1:8, but depend
on the number of verified Weekly Prize winners.
5. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”)
Weekly
Prize:
Eight
(8) Weekly Prize winners, two (2) winners from each Weekly Drawing, will each
receive:
· one (1) case of
Nutrament energy nutrition drink of winner’s choice from among the six (6)
available flavors. Each case contains twelve (12) – 11oz. cans of Nutrament of
the same flavor.
· a $50 digital gift
card from a recognized bank or credit/debit card provider of Sponsor’s sole
choosing, good for online purchases.
· one (1) black
Nutrament “What Fuels You?” T-shirt. Commercially reasonable efforts will be
made to provide t-shirts in size of winner’s preference, i.e. medium, large, XL
or 2XL. However, Sponsor/Administrator reserve the right to award a size other
than winner’s preference if size of preference is no longer available at time
of prize award.
· one (1) limited
edition Nutrament branded knitted winter beanie
Approximate
Retail Value of each Weekly Prize: $115.00
Grand Prize:
One
Grand Prize winner will receive a $1,000 digital gift card/debit card. For the
sake of clarity, the $1,000 Grand Prize gift
card will be awarded in addition to the components of the HOLIDAY ’24: FUEL THE FUN! weekly prize
package
Approximate
Retail Value (ARV): $1,000
Nutrament prize components, excluding gift card, will
only be shipped to a street address in the forty-eight (48) contiguous states
of the United States or Washington, DC, or in the Province of Ontario, Canada. Gift card
is subject to the terms and conditions of the corresponding issuer of same.
No prize substitutions or cash
redemptions allowed, except at the sole discretion of Sponsor who reserves the
right to substitute a prize (in whole or in part) for a prize of equal or
greater value if prize as stated is unavailable for any reason. (The preceding
does not apply to gift card component to the extent that applicable law allows
for the holder of a gift card to redeem same for cash value.) Prizes are not transferable.
No more than the stated number of
prizes will be awarded. Prizes must be accepted as is. No portion of prize may
be sold, bartered or exchanged by prize winner.
Acceptance of Prize(s) constitutes
permission for the Sponsor and its designees to use winner’s name and/or
likeness for purposes of advertising and trade in connection with the Promotion
or Sponsor’s products without further compensation, including on a winners
list, unless prohibited by law.
Any taxes or other
costs associated with Prize receipt and/or use that are not expressly stated
above are the sole responsibility of the Prize Winner. For Grand Prize Winner (also
a Weekly Prize Winner), Sponsor or its designated representative may be
required to report award of the prizes to the U.S. Internal Revenue Service and
any other governmental tax authorities (if and as applicable). Such Prize
Winner agrees to fully cooperate with Sponsor or its designated representative
as to their compliance with such reporting requirement(s) including provision
of their Social Security Number or like identifier. If such Prize Winner is a Canadian resident,
he/she may be responsible for foreign withholding tax on the value of the
prizes.
Limit one (1) Weekly Prize per
person/family/Instagram, Facebook or X account-holder.
Total ARV of all prizes: $ 1,920.
(ARVs
are expressed in terms of US currency, but should winner be a Canadian
resident, gift card/debit card elements of prize(s) will be awarded in Canadian
currency.)
6. GENERAL CONDITIONS. If,
for any reason beyond the Sponsor's control, the Promotion is not capable of
running as planned (e.g., natural disaster, pandemic/epidemic, riot, strike,
unauthorized human intervention), Sponsor may, in its sole discretion, void any
suspect entries and modify and/or suspend the Promotion to address the
impairment and then resume the Promotion in a manner that best conforms to the
spirit of these Official Rules (or, if deemed to be appropriate in Sponsor's
sole discretion, Sponsor may terminate the Promotion altogether). In such
event, Sponsor may select potential prize winner(s) or
make applicable prize(s) available for affected random drawing(s) by some other
means deemed by Sponsor in its sole discretion to be fair, appropriate and
consistent with the spirit of these Official Rules. Notice of such action by
Sponsor will be posted on https://www.facebook.com/Nutrament/, https://www.instagram.com/Nutrament, and https://X.com/Nutrament. Sponsor/Administrator reserve the right, in their
sole discretion, to disqualify any individual they find to be attempting to
tamper with or undermine the entry process and/or
the legitimate operation of this Promotion or to be acting in violation of
these Official Rules or in a disruptive or unsportsmanlike manner or with the
intent to annoy, abuse, threaten or harass any other person. Any attempt by any
person to deliberately undermine the legitimate operation of this Promotion may
be a violation of criminal and civil laws and, should such an attempt be made,
Sponsor reserves the right to seek damages from any such person to the fullest
extent permitted by law (as well as disqualifying such individual, if
appropriate). Sponsor's failure to
enforce any term of these Official Rules shall not constitute a waiver of that
provision. Neither Sponsor nor anyone
acting on its behalf will enter into any communications with any entrant regarding
this Promotion, except as expressly set forth in these Official Rules. These
Official Rules may not be published elsewhere without the express written
consent of Sponsor, which may be withheld for any reason.
7. PUBLICITY.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE PROMOTION AND
ACCEPTANCE OF PRIZE(S) IN THE PROMOTION CONSTITUTES EACH WINNER’S GRANT TO
SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS
PARENTS, SUBSIDIARIES, AFFILIATES, FRANCHISEES, ADVERTISING AND PROMOTION
AGENCIES, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION
TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR
HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLDWIDE WEB, AT ANY
TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS
AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE/PROVINCE)
FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF
HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL
CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
The Released Parties are not responsible
for, and entrant hereby releases Sponsor and its agencies (including
Administrator) from any claims or causes of action arising from: (1) incorrect
or inaccurate transcription of
entry information, winner verification
information, or lost, late, stolen, illegible, incomplete, misdirected entries
or entries received through impermissible, unauthorized or illegitimate
channels, all of which will be disqualified; (2) technical failures of any
kind, including but not limited to the malfunctioning of any telephone,
computer, network, hardware or software; (3) the unavailability or
inaccessibility of website, phone or any other service (including but not
limited to filtering by or other operation of the functionality of Instagram,
Facebook or X); (4) unauthorized human intervention in any part of the entry
process or the Promotion and/or incomplete, inaccurate or incomplete
information being displayed on Instagram, Facebook or X, whether due to
unauthorized human intervention, equipment failure/malfunction or other cause;
(5) electronic or human error which may occur in the administration of the
Promotion or the processing of entries; (6)
any injury or damage to persons or property, including but not limited to
entrant’s computer, mobile device (or any information/materials stored
thereon), which may be caused, directly or indirectly, in whole or in part, by
entrant’s participation in the Promotion or from downloading any material from
Sponsor's or related web site(s), regardless of whether the material was
prepared by Sponsor, Administrator, or a third party, and regardless of whether
the material is connected to Sponsor's or any agency’s web site by a hypertext
link. Proof
of submitting entries (i.e., posting of comments [possibly including photos or
video] on Instagram, Facebook or X with required hashtag or proof of retweeting
the Nutrament HOLIDAY ’24: FUEL THE FUN! Promotion post on X with
required hashtag) will not be deemed to be proof of receipt by Sponsor or proof
of entry.
BY PARTICIPATING IN THIS PROMOTION,
ENTRANT AGREES THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR,
AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES,
LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH,
OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM
ACCEPTANCE, POSSESSION, MISUSE, OR USE OF ANY PRIZE, OR PARTICIPATION IN THIS
PROMOTION OR IN ANY PROMOTION-RELATED ACTIVITY, OR ANY CLAIMS BASED ON
PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO
CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR,
NATURAL DISASTERS, EPIDEMIC/PANDEMIC, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS PROMOTION, ENTRANT
AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY
INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR
TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEB SITE ASSOCIATED WITH
THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM
SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING
REGARDING THIS PROMOTION, INCLUDING THE PRIZES, ARE PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. SOME JURISDICTIONS MAY
NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR
LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.***
***The preceding excludes any warranties
accompanying Nutrament product.
9. CHOICE
OF LAW. THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE STATE OF CONNECTICUT, AND THE FORUM AND VENUE FOR ANY
DISPUTE SHALL BE IN CONNECTICUT. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE
RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY
FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS, IN ACCORDANCE WITH ITS
STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF
(“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE
FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO
PRACTICE LAW IN CONNECTICUT. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO
ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE,
EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR
OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR
SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE ANY DISPUTE WILL
BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO CLASS ACTION.
10. PRIVACY. Sponsor and its agencies collect personal information from you when you participate in the Promotion. The information collected is subject to the Sponsor's Privacy Policy at https://www.nutrament.com/privacy.
11. WINNERS’ LIST: For first name, last initial and state/province of prize winners, send an email with Subject Line: Nutrament HOLIDAY ’24: FUEL THE FUN! Promotion to: WinnersList@berlinproductions.agency. Requests must be received by 5:00:00 p.m. ET, December 31, 2024.
SPONSORED BY: Harvest Hill Beverage Company, 1 High Ridge Park, Stamford, CT 06905.
This promotion is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, or X.
© 2024 Harvest Hill Beverage Company. All rights reserved.